- (1.) This judgment shall dispose of two connected revision petition Nos. 2650 and 3043 of 1996, having arisen out of the same judgment and involving the similar questions of law and facts. However, for convenience, facts are being taken up from Civil Revision No. 2650 of 1996.This revision petition has arisen out of the order dated 1.2.1996 passed by the District Judge, Faridabad, dismissing the appeal against the order dated 1.11.1994 passed by the Senior Sub Judge, Faridabad, whereby, the award passed by the Arbitrator on 23.3.1990 was set aside merely on the ground that the same was not passed within the stipulated period.
(2.) Admitted facts are that on account of a dispute between the parties, the matter was referred to the arbitrator, upon which, Mr. K.C. Gupta, Superintendent Engineer, OP Circle, Faridabad, passed the award which was referred to the court for making the same as rule of the court, whereupon, the respondents raised the following objections for setting aside the award. 1. That the Arbitrator has mis-conducted the proceedings and has not made the award within four months from the date of reference. No extension of time was granted by the court and the proceedings remained pending with the Arbitrator for more than three years. 2. That the arbitrator has not given reasons in support of his award. 3. That the evidence produced by the respondent No. 1 has not been discussed. 4. That the Arbitrator is an employee of the HSEB and he had biased approach from the very beginning and has, therefore, given his award in favour of HSEB.
(3.) The reply to the objection petition was filed. From the pleadings of the parties, the following issues were framed:- 1. Whether the award dated 23.3.1990 is liable to beset aside on the grounds alleged? OPP 2. Whether the objections have not been filed within time? OPD 3. Relief.;